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Legal Agreement: Terms of Service
TERMS & CONDITIONS This agreement provides the Terms & Conditions upon which we provide you membership services at Launch Pad (collectively, the “Terms & Conditions”).
"Member" means you, and “Additional Member” means each person you list and authorize on your Member Details Summary form and Contact Information form as being allowed to use your Office Space and receive the Services (defined below) or other benefits of your Launch Pad Membership. As a Member of Launch Pad, you acknowledge that you are subject to the terms of these Terms & Conditions and not a tenant of Launch Pad, and further that Launch Pad is not your landlord with respect to the Office Space. Note, the term “Member” does not mean an owner of Launch Pad or any of its subsidiaries or related companies.
“Membership” means the type of membership services a Member has agreed to pay for and received, and the terms, conditions, and limitations of such Membership to which a Member belongs. Unless otherwise agreed to in writing, there are three types of Membership:
- “Coworking Membership” means that a Member may use any common space, subject to the terms and limitations of that particular Membership Location, but that Member does not have privileges of a permanent space or access to a private office;
- “Permanent Desk Membership” means that a Member has access to any common space and a permanently assigned desk, subject to the terms and limitations of that Membership Location, but such Member does not have access to a private office; and
- “Office Membership” means that the Member shall have access to any common space and a private office, subject to the terms and limitations of that Membership Location.
The term “Membership” does not refer to ownership of Launch Pad or any of its subsidiaries or related companies.
“Membership Details Summary form” means the form that contain certain specific items related to your specific Membership at Launch Pad. Such items can include but is not limited to your Membership Fee, your Office Space location, possible promotions or other items unique to your Membership at Launch Pad. The Membership Details Summary form shall incorporate and be subject to all of these Terms & Conditions.
“Discount” means the amount of discount a Member may receive, as detailed in that Member’s Membership Details Summary form. Each Discount is based on a particular Membership "term" and is subject to any catch-up provisions listed in these Terms & Conditions.
“Terms of Discount” means that limited amount of time that a Discount may apply. For any further discounts to apply toward a Membership Fee, Launch Pad must approve and agree in writing.
“Authorized Signatory” means an Individual authorized to legally bind your company.
“Coworking” means a commercial space in which multiple members work and conduct business, whereby such members are neither shareholders, LLC members, or directors of the company that owns and manages that space, nor are the members necessarily working in the same business with one another.
"Financial Contact" means the person who is financially responsible for all of the obligations in these Terms & Conditions that Launch Pad may contact to resolve any billing-related issues.
“Launch Pad” means, collectively, Launch Pad MGMT LLC and any related company and any Coworking locations that operate under the Launch Pad brand across the United States and the world. Also sometimes referred to as “LP.”
“Market Rate” means the monthly Membership fees that a particular Membership Location charges for its various Membership services, as detailed in our rate card for that Membership Location. Launch Pad reserves the right to update the Market Rate for any Membership Location at its sole discretion without notice to Members.
"Membership Location” means the Launch Pad location in which the Office Space (defined below) is located, as set forth in the Membership Details form, or with additional details as may be set forth in your Membership Details Summary form.
"Member Company" or “Member Companies” means one or more companies, entities, or individuals that enter into this agreement with Launch Pad and accept these Terms & Conditions.
"Office Space” means the office number and/or workspace location(s) specified in the Membership Details form. Office Space may include but is not limited to the following:
- Floating Area - one or more nonpermanent spaces at common areas or large tables in designated areas of Launch Pad locations;
- Permanent Desk - one or more permanent desks assigned to specific Members; and
- Permanent Office - one or more private offices assigned to specific Members. While most Permanent Offices are private and will have no interruptions, some Permanent Offices are subject to easements and require access in order for that Launch Pad location to provide utilities and other essential services. When Launch Pad requires access to a Permanent Office, Launch Pad will provide you reasonable notice prior to accessing your office.
"Premises" means a building or portion of a building in which Launch Pad offers or plans to offer offices, workstations, other workspaces, and/or other services to Members and Member Companies.
"Primary Member" means the person who is primarily and financially responsible for all of the obligations in these Terms & Conditions, and who is the primary in-Premises Member that Launch Pad may contact to resolve any issues.
"Start Date” means the start date set forth on the Membership Details Summary form, which is typically the date you begin your Membership at or move into a particular Membership Location. However, in the event that you move into a Membership Location at any time after the first of a month, your Start Term Date would be the first day of the month following your move-in date, and in which case, your Membership Fee for that move-in month would be prorated based on the Start Date.
“Membership Term” means the terms of your Membership that is set forth in your Membership Details Summary form. Membership Terms are subject to the automatic renewal and cancelation terms set forth in these Terms & Conditions, and any specific terms described in the Membership Details Summary forms.
“Security Deposit” means any advance deposit held by Launch Pad until your Membership terminates, upon which event the Security Deposit may be returned to you unless forfeit, subject to the terms of these Terms & Conditions.
“Monthly Membership Fee” means the amount of money that Launch Pad will charge you per month for the services that you have purchased. Such fee will be charged automatically on a credit or debit card that you have designated in our Member Portal. Each month’s Membership Fee is nonrefundable once collected by Launch Pad.
"Launch Pad MGMT LLC,” “Launch Pad,” “we” “or,” “us” means the Launch Pad entity with whom you are entering into this agreement in which you accept all of these Terms & Conditions, which may be amended by Launch Pad from time to time.
"You" means the company, Primary Member, or other entity listed on the Contact Information form.
2. THE BENEFITS
a. Services. Subject to these Terms & Conditions of, including any attachments, exhibits, and addenda (including any additional or supplemental terms or Membership Details Summary forms) (collectively, the “Agreement") and any other policies we make available to you from time to time during the Term (defined below), Launch Pad will use commercially reasonable efforts to provide you (and your Members, as applicable) the services described below. These services, some of which may be changed at the sole discretion of Launch Pad, are referred to in these Terms & Conditions as the "Services:”
- Non-exclusive access to the coworking spaces and permanent desks, and exclusive access to offices.
- Regular maintenance of the Office Space, consistent with the maintenance provided to similar workspaces in the Premises, provided that we will not be responsible for damage exceeding normal wear and tear.
- Furnishings for the Office Space of the quality and in the quantity typically provided to other Launch Pad Member Companies with similar office space, workstations, and/ or other workspace, as applicable, in the Premises.
- Access to and reasonable and legal use of the shared internet connection. Use of the printers, copiers and/or scanners made publicly available in the Premises unless said printers, copiers and/or scanners are under maintenance.
- Use of the conference rooms in any Launch Pad Premises during such Premises' Regular Business Hours on Regular Business Days, subject to availability and your prior reservation of such conference rooms. Launch Pad has the sole discretion to enforce limitations on the use of conference rooms.
- Members shall submit an Event Request Form for any event they would like to hold at Launch Pad. Launch Pad shall have the right to charge for certain events.
- Heat and air-conditioning in the Office Space during Regular Business Hours on Regular Business Days.
- Complimentary coffee, available during Regular Business Hours, subject to change at the sole discretion of Launch Pad.
- Janitorial services provided to the Office Spaces, common areas, and bathrooms during Regular Business Hours.
- Acceptance of mail and deliveries on behalf of your business during Regular Business Hours on Regular Business Days; provided that we are not liable for any mail or packages received.
- Opportunity to participate in members-only events, benefits and promotions.
b. Business Hours/Days. "Regular Business Hours” are generally from 9:00 a.m. to 5:00 p.m. on Regular Business Days In the time zone where the applicable Office Space Is located, with the exception of days prior to local bank/ government holidays, when Regular Business Hours end at approximately 2:00 p.m. "Regular Business Days" are all weekdays, except local bank/government holidays and up to three other days of which we will inform you. During Regular Business Days, Launch Pad’s on-site staff will be available and present. However, Launch Pad will not have any obligation to provide access to a Coworking location to anyone who does not have 24/7 access on bank holidays. No Launch Pad staff will be available or be accessible to allow someone without a keycard to enter any Launch Pad location.
c. Our Reserved Rights. With respect to coworking spaces and permanent desks, we are entitled to access your space, with or without notice, in connection with our provision of the Services, for safety or emergency purposes or for any other purposes. We may temporarily move furniture contained in your space. We reserve the right to alter your space, provided that we will not do so in a manner that substantially decreases the square footage of your assigned space or related amenities. We may also modify or reduce the list of Services or furnishings provided for your space at any time. The Services may be provided by us, an affiliate or a third party. For security reasons, we also reserve the right to install cameras in common areas. As such, any Member who is not in a private Office Space has no reasonable right to privacy in common areas and permanent desks. Finally, Launch Pad reserves the right to amend these Terms & Conditions at its sole discretion at any time with or without notice.
3. MEMBERSHIP FEES; PAYMENTS; TERMS
a. Payments Due Upon Signing. Upon submitting a signed and completed Agreement, you will be obligated to deliver to us the full monthly amount, by the first (1st) day of every month, as set forth on your Membership Details Summary form.
b. Membership Fee. The amount of your monthly Membership Fee is listed in the Membership Details Summary form. During the Term (defined below) of your Membership Details Summary Form, we will process payment for your Membership Fee and other then-outstanding fees, in advance, monthly and no later than the first (1st) business day of each month. You shall be responsible for having the necessary funds available in your payment account as of the first (1st) day of the month. The Membership Fee set forth on the Membership Details Summary form covers the Services for only the number of Members indicated in the Membership Details Summary form.
MEMBERSHIP FEES; PAYMENT
- Payments Due Upon Signing. Upon completing and signing our Membership terms, all necessary billing information must be accurate and available in your Launch Pad online member profile to complete your member registration. Additionally, if your Membership requires a security deposit, this payment must be completed to complete your Membership registration. Your first monthly payment (in full on the 1st of the month or else prorated) must be successfully processed on or before your start date. Until this payment is successful, you are not a Launch Pad member and cannot access the space.
- Membership Fee. On the first of every month, your Financial Contact will be charged the Membership Fee listed in the Membership Details Summary form. If the payment is not successfully processed, your Financial Contact will be notified by means of email. We will attempt to recharge the Financial Contact up to a total of three times, with email notifications sent after each failed payment attempt. If the third charge is not successful, the financial contact will have a grace period of 8 business days to successfully complete the payment. If the payment is not received 8 days after the third email notification, Launch Pad shall have the right to terminate the Membership and keep any security deposit you provided Launch Pad. Further, if your Membership Fee is late more than twice, then Launch Pad shall have the right to terminate your Membership without the grace period and keep the security deposit you provided Launch Pad.
- Late Payment Fee. If payment for monthly Membership fee(s) or any other accrued and outstanding fee(s) is not made by third charge attempt, you will be assessed a late payment fee according to the following schedule:
- $10 late fee for each Coworking Membership;
- $25 late fee for each Permanent Desk Membership;
- and/or $50 late fee for each Office Membership.
In the event that the Member’s provided payment information is declined, reversed, or not accepted for any reason, all Membership privileges and Services will be temporarily suspended until any outstanding or overdue balance (including any late fees assessed) is paid in full.
c. Supplemental Services Fee(s). During the Term of your Membership, we will process payment for any supplemental services, in advance, monthly and no later than the first (1st) business day of each month. Supplemental services will be indicated on your Membership Details Summary form and include, but are not limited to: parking; telephone service; and any Additional Service if indicated.
d. Deposit Amount. You may be required to furnish a deposit as security for your obligations under the Terms & Conditions. The amount of your security deposit is listed as Deposit Amount on the Membership Details Summary form.
e. Access Card/FOB & Fee. If your Membership Type includes 24/7 access to the premises an additional one-time Access Fee applies for each Primary Member and Additional Member that will be issued an access card or FOB. Upon submitting a signed and completed Agreement you agree to pay the one-time Access Card Fee listed in the Membership Details Summary form. Only Members of Office Spaces and Permanent Desks shall have the right to possess and use 24/7 key card/FOB. You agree to not share your key card/FOB with any other Member
f. Invoices. Launch Pad will send or otherwise provide invoices and other billing-related documents, information and notices to the Primary Member, unless a different Financial Contact is indicated on the Membership Details form. In the event that a payment is late, then invoices and billing notices will also be sent to the Financial Contact. Change of the Financial Contact will require written notice from the Primary Member. Any such change is not effective until acknowledged in writing by us. Invoices are available for members to view under the "Billing History" section of their Member Profile in the Member Portal.
g. Background Checks. Launch Pad reserves the right to run background checks on all of its Members at any time for any reason. You hereby agree that by becoming and continuing to be a Member of Launch Pad, Launch Pad may run a background check on you, the results of which may be used at Launch Pad’s sole discretion to deny or terminate your Membership.
4. TERM AND TERMINATION
a. Term. These Terms & Conditions will be effective upon the earlier of you clicking “I Agree” or upon you receiving and accepting any of Launch Pad’s services(the "Effective Date"); provided that we have no obligations to provide you with Services until the later of (i) the date on which payment of your first month's Membership Fee and any required deposit or Service Retainer has cleared or (ii) the Start Date. If the Start Date is a Regular Business Day, you will be entitled to move into the Office Space after 11 a.m. (in the Office Space's time zone) on the Start Date. If the Start Date is not a Regular Business Day, you will be entitled to move into the Office Space after 11 a.m. (in the Office Space's time zone) on the first Regular Business Day after the Start Date. The Start Date is on your Membership Details Summary form. In the event that your Start Date is after the first of a month, you will be prorated for that first month and your Membership Term will begin on the first of the month following your Start Date (also referred to as your move-in-date). Your Membership Term and Term Start Date are on your Membership Details Summary form. If proper notice is not provided as stated above, the Membership Term shall renew per the provisions of renewal herein.
b. Renewal. Unless otherwise stated in the Membership Details section of these Terms & Conditions, your term will automatically renew after the Membership Term for the same length of time as that of the Membership Term, and such renewal period shall be known as the "Renewal Term." Typical renewal terms are: one (1) month, six (6) months or one (1) year. The Membership Term and all subsequent Renewal Terms shall constitute the "Term.” If no Membership Term Is indicated on your Membership Details Summary form, the default Membership Term shall commence on the Start Date and end one (1) month after the Start Date. Your Membership will continue until terminated in accordance with these Terms & Conditions. In the event that your monthly Membership Fee is at Market Rate, then your Membership shall renew according to the terms stated above at the Market Rate. If your Membership is discounted or below Market Rate, then at each successive Renewal Period, your Membership Fee shall increase by TEN PERCENT (10%) of the Market Rate until your Membership Fee equals Market Rate.
c. Termination. If you have no Membership Term, you may terminate your Membership by delivering to us a termination notice at least thirty (30) days prior to the end of the month in which you intend to terminate this your Membership. If your Membership Summary Details form indicates a Commitment Term and/or subsequent Renewal Term, you must deliver a written notice of cancellation to Launch Pad at least one (1) full calendar month before the end of the Commitment Term. If you have previously renewed your term, then you must deliver a written notice of cancellation to Launch Pad at least one (1) full calendar month before the end of the Renewal Term. YOU MUST PROVIDE 30 DAYS NOTICE PRIOR TO YOUR TERM’S END DATE. For instance, if your Membership Term or Renewal Term ends in April, and you would like to terminate your Membership on the last Regular Business Day of April, the last day to deliver notice of termination to us would be on March 31. If your notice of termination is not delivered thirty (30) days prior to your current Term’s end date, your Term will renew for a full Renewal Term. Any termination notice must be in writing. You will not be entitled to proration with respect to the last month's Membership Fee. For instance, if you vacate your Office Space before the last Regular Business Day of April, you will still owe us the full Membership Fee for the month of April. You may not terminate a multi-month Membership early. However, you may submit an early termination request and Launch Pad will evaluate your circumstances. If Launch Pad approves your early termination request, you will be charged a minimum of two months of your monthly Membership Rate for each of the Co-Working, Permanent Desk, and Office Memberships, plus any security deposit (collectively the “Early Termination Fee”). In addition, if you have a multi-month Membership Term, Launch Pad reserves all legal rights and remedies in the event you terminate your Membership Term early without Launch Pad’s consent. You hereby agree that Launch Pad may take any legal measure that compensates us as liquidated damages, for damages incurred as a result of an unauthorized early termination, up to and including placing a lien on your assets stored in your Office Space. You also explicitly agree that upon unauthorized early termination, you forfeit any security deposits you provided Launch Pad.
d. Termination by Launch Pad. Launch Pad reserves the right to terminate your Membership at any time. Launch Pad further reserves the right to terminate your participation in and use of any services, immediately and without notice, if you fail to comply with these Terms & Conditions or fail to comply with any rules or conditions set forth by any Premises rules or building rules. In the event that any complaints arise against you for any reason from other Members, Member Companies, or by Launch Pad staff, Launch Pad shall have the right in its sole discretion to terminate your Membership without notice. Launch Pad reserves the right to keep your security deposit upon termination by Launch Pad pursuant to this section.
You release, and hereby agree to indemnify, defend and save harmless Launch Pad and Launch Pad Partners LLC's subsidiaries (whether or not wholly-owned}, affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, jointly and individually, from and against all claims, liabilities, losses, damages, costs, expenses, judgments, fines and penalties based upon or arising out of your negligent actions, errors and omissions, willful misconduct and fraud in connection with the participation in or use of the Services.
6. PETS & INDEMNIFICATION
Depending upon the building rules of your office location, you may be able to bring pets to the premises. You agree to be solely responsible for any pet you bring on the premises. You agree to release and hereby agree to indemnify, defend and save harmless Launch Pad and Launch Pad Partners LLC’s subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, jointly and individually, from and against all claims, liabilities, losses, damages, costs, expenses, judgments, fines and penalties based upon or arising out of any actions of your pet. You agree that your pet will be supervised at all times; will be clean; will not make offensive or disruptive noises; will be housebroken; will be well-socialized and well-behaved towards people and other pets; will be current on all vaccinations, and be flea and tick free; and will be leashed at all times at any Membership Location. Launch Pad reserves the right to deny entrance to any pet at its sole discretion and for any reason.
7. HARASSMENT OR OFFENSIVE BEHAVIOR
We are dedicated to providing a discrimination and harassment-free environment for everyone, regardless of gender, gender identity and expression, sexual orientation, disability, physical appearance, body size, race, or religion. We do not tolerate harassment of people at our events or space in any form. We have a zero tolerance policy for any remarks or behavior failing to respect the dignity and feelings of individuals in our space. Members or guests violating this Harassment Policy will be sanctioned or expelled, and the Member’s Membership terminated, at the discretion of Launch Pad.
- Offensive verbal comments;
- Sexual images in public spaces;
- Deliberate intimidation;
- Photography or recording without consent;
- Sustained disruption;
- Inappropriate physical contact;
- Unwelcome sexual attention; and/or
- Any kind of defamation toward anyone.
In addition, no Member may be associated with or behave in accordance with hate groups, or promote or engage in racism, bullying, child exploitation, or malicious, deceptive, or illegal activities (collectively, “Offensive Behavior”). Per this policy, any Member who engages in Offensive Behavior or Harassing Behavior shall be asked to cease said behavior by Launch Pad. If such offending Member does not cease the offending behavior immediately upon request by Launch Pad, then Launch Pad reserves the right to immediately terminate any Membership and all Services to such Member. If you are the recipient of any undesirable behavior or action listed above, please contact your Community Manager with any questions, concerns, or issues.
Launch Pad is not liable for actions of other individuals. Launch Pad does not control and is not responsible for the actions of other individuals or pets using the Services or at our Premises. Launch Pad does not guarantee that our users’ or members’ profiles are accurate. We do not endorse, support or verify the facts, opinions, or recommendations of our users or Members. If a dispute arises between Members or their invitees or guests, Launch Pad shall have no responsibility or obligation to participate, mediate, or indemnify any party. Launch Pad does reserve the right to terminate any Membership immediately, without refund, if any Membership dispute becomes disruptive.
If any Member steals or takes without permission the property of any other Member or of Launch Pad, then Launch Pad shall have the right to immediately terminate that Member’s Membership, and such Member shall not have the right to a refund of the Member’s Security Deposit.
In the event that any provision or portion of these Terms & Conditions is determined to be invalid, illegal or unenforceable for any reason, in whole or in part. the remaining provisions shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.
Launch Pad carries Liability and Business Personal Property insurance, however, this policy does not provide coverage to Members or Member Companies. As a Member, it is strongly suggested that you carry a Renters Insurance policy to cover your own equipment and negligence while using our space. That policy may cover your current residence/office, as well as the premises.
10. DISCLAIMER OF WARRANTIES
To the maximum extent permitted by applicable law, Launch Pad provides the services "as is" and with all faults, and hereby disclaims with respect to the services all warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) warranties, duties or conditions of or related to: merchantability, fitness for a particular purpose, lack of viruses, accuracy or completeness of responses, results, workmanlike effort and lack of negligence. Also, there is no warranty, duty or condition of title, quiet enjoyment, quiet possession, or non-infringement. The entire risk as to the quality, or arising out of participation in or the use of the services, remains with you.
11. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES
To the maximum extent permitted by applicable law, in no event shall launch pad partners llc or its subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, jointly and individually be liable for any direct, special, incidental, indirect, punitive, consequential or other damages whatsoever (including, but not limited to, damages for: loss of profits, loss of confidential or other information, business interruption, personal injury, loss of privacy, failure to meet any duty (including of good faith or of reasonable care), negligence, and any other pecuniary or other loss whatsoever) arising out of or in any way related to the participation in or inability to participate in or use the services, the provision of or failure to provide services, or otherwise under or in connection with any provision of these Terms & Conditions, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of Launch Pad, and even if Launch Pad has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
12. LIMITATIONS OF LIABILITY AND REMEDIES
Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Launch Pad or its subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns under any provision of these Terms & Conditions and your exclusive remedy for all of the foregoing shall be limited to actual damages incurred by you based on reasonable reliance up to ten dollars (usd $10.00). The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
These Terms & Conditions and the rights and obligations of the parties hereto shall be construed and enforced in accordance with the laws of the State of Louisiana. These Terms & Conditions are performable, and venue of any litigation pursuant hereto shall be in Orleans Parish, Louisiana.
14. CREDIT CARD OR BANK DRAFT AUTHORIZATION
Launch Pad requires automatic monthly billing for your contract with Launch Pad. By agreeing to these Terms & Conditions, you authorize Launch Pad to charge your debit or credit card, or bank draft on the first day of each month for the Membership amount stated in your monthly invoice and pursuant to these Terms & Conditions and your Membership Details Summary form. This ongoing monthly charge is hereby authorized for the first day of each month unless the contract is canceled according to the terms of the contract. You must keep active, authorized, and funded debit or credit card or bank draft on file in the Membership Portal. You may not remove your automatic payment method unless Launch Pad agrees to provide you an early termination.
15. UNDERLYING LEASE
By clicking on the “I agree” button, or by receiving any of Launch Pad’s services, you hereby agree to be subject to all the Terms & Conditions of any underlying lease to which Launch Pad is a party with respect to your Office Space.
16. AMENDMENTS AND MODIFICATIONS
Launch Pad reserves the right to make amendments to these Terms & Conditions at its sole discretion. Any modifications to your particular Membership Details Summary form must be made in writing between you and Launch Pad.